Ombudsman’s findings and the investigation into police violence

The decision makes extensive reference to two reports by the Greek Ombudsman as part of the investigation into the case of police violence. Specifically, it notes that the Hellenic Police (ELAS), after completing its internal administrative investigation, archived the case, fully adopting the exonerating findings of the criminal process for the involved police officers, without exercising its discretion to make a different judgment based on the distinct requirements of disciplinary law. This issue was highlighted in the Ombudsman’s final report.

In particular, it mentions that the Hellenic Police (ELAS) archived the case after the conclusion of its internal administrative investigation, fully adopting the exonerating findings of the criminal process for the involved police officers, without using its discretion to render a different decision based on the specific requirements of disciplinary law. The Ombudsman’s final report brought attention to this problem.

ECHR’s ruling on violations of human rights

In its ruling, the ECHR stated:

  • The authorities failed to effectively investigate allegations of inhumane and degrading treatment, constituting a procedural violation of Article 3 for all three applicants.
  • There was a violation of the substantive aspect of Article 3 (prohibition of inhumane and degrading treatment) for two of the applicants. Additionally, there was a violation of Article 3 in conjunction with Article 14 (prohibition of discrimination) due to the authorities’ failure to effectively investigate a possible racist motive in the alleged inhumane and degrading treatment for all applicants.

Ombudsman’s observations on the disciplinary case

Upon reviewing the disciplinary case file, the Greek Ombudsman observed that forensic medical examinations were not promptly conducted and that there was a lack of independence between the disciplinary process and the criminal prosecution.

Details of the incident and the allegations

It is worth recalling that on 8 October, 2016, the victims were arrested following a police chase. According to their claims, the police officers insulted them with racist remarks and used excessive violence, including beatings, during their arrest, their transfer to the Ano Liosia Police Department, and their detention.

One of the applicants was admitted to the intensive care unit (ICU) due to chest trouble after suffering severe genital injuries. The other two suffered neck injuries, bruising, and abrasions. The victims claimed that despite their repeated requests, the forensic medical examinations were not completed promptly.

Allegations of racial motivation and police response

They further alleged that the police attacked them because of their Roma origin. In contrast, the government and the police argued that the victims caused an accident while attempting to flee and later resisted arrest. They attributed the injuries either to the traffic accident or to the victims’ attempts to jump from a height to escape, describing the force used by the police as “absolutely necessary.”

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